PRIOR PRINTER'S NO. 2410 PRINTER'S NO. 3340
No. 1954 Session of 1995
INTRODUCED BY ALLEN, BATTISTO, ARGALL, SEMMEL, GIGLIOTTI, NYCE,
ZUG AND RAMOS, JUNE 29, 1995
AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 26, 1996
AN ACT
1 Amending the act of May 3, 1933 (P.L.242, No.86), entitled, as
2 amended, "An act to promote the public health and safety by
3 providing for examination, licensing and granting of permits
4 for those who desire to engage in the profession of
5 cosmetology; defining cosmetology, and regulating cosmetology
6 shops, schools, students, apprentices, teachers, managers,
7 manicurists and cosmetologists; conferring powers and duties
8 upon the Commissioner of Professional and Occupational
9 Affairs in the Department of State; providing for appeals to
10 certain courts by applicants and licensees; and providing
11 penalties," defining "booth space"; and prohibiting booth
12 rental.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 1 of the act of May 3, 1933 (P.L.242,
16 No.86), referred to as the Cosmetology Law, is amended by adding
17 a definition to read:
18 Section 1. Definitions.--The following words and phrases
19 when used in this act shall have the meanings given to them in
20 this section unless the context clearly indicates otherwise:
21 * * *
22 "Booth space" means that area of a COSMETOLOGY shop in which <--
1 a licensed operator or A holder of a limited license provides to <--
2 clients any service for which a license is required under this
3 act.
4 * * *
5 SECTION 2. SECTION 4.4 OF THE ACT, AMENDED JULY 30, 1984 <--
6 (P.L.479, NO.100), IS AMENDED TO READ:
7 SECTION 4.4. MANAGEMENT OF COSMETOLOGY SHOPS.--(A) AN OWNER
8 OF A COSMETOLOGY SHOP, LICENSED AS A COSMETOLOGIST, MAY MANAGE
9 HIS OWN SHOP IF HE OPERATES THEREIN EXCLUSIVELY; OTHERWISE, HE
10 SHALL EMPLOY A LICENSED MANAGER OR LICENSED TEACHER TO MANAGE
11 THE SHOP. THIS SECTION DOES NOT PROHIBIT COOWNERSHIP OF
12 COSMETOLOGY SHOPS BY LICENSED COSMETOLOGISTS WHO OPERATE THEREIN
13 EXCLUSIVELY. THIS SECTION DOES NOT PROHIBIT AN OWNER WHO IS A
14 BARBER FROM EMPLOYING A COSMETOLOGIST WITHOUT THE REQUIREMENT
15 THAT A COSMETOLOGIST-MANAGER ALSO BE EMPLOYED.
16 (B) WHEN A SHOP MANAGER OR TEACHER WHO MANAGES THE SHOP IS
17 UNABLE TO BE PRESENT IN THE SHOP DURING A SPECIFIC PERIOD, NOT
18 TO EXCEED THREE MONTHS, INCLUDING, BUT NOT LIMITED TO, ILLNESS
19 OR VACATION DAYS, A LICENSED COSMETOLOGIST MAY SERVE AS
20 TEMPORARY MANAGER. IF THE ABSENCE EXCEEDS TWO WEEKS IN LENGTH,
21 THE MANAGER SHALL NOTIFY THE BOARD IN WRITING. A NOTICE
22 IDENTIFYING THE TEMPORARY MANAGER SHALL BE DISPLAYED IN THE
23 SHOP. A TEMPORARY MANAGER ASSUMES THE RESPONSIBILITIES OF A SHOP
24 MANAGER PURSUANT TO REGULATIONS ADOPTED BY THE BOARD.
25 Section 2 3. The act is amended by adding a section to read: <--
26 Section 12.2. Booth Rental Prohibited.--The rental of booth
27 space by COSMETOLOGY shop owners or managers in any shop <--
28 COSMETOLOGY SHOPS licensed under this act to any holder of a <--
29 license issued under this act is unlawful. Each shop licensed <--
30 under this act shall be managed under the supervision of an
19950H1954B3340 - 2 -
1 owner or manager of the shop who exercises supervision and
2 control over services provided by cosmetology operators or
3 holders of limited licenses.
4 Section 3 4. This act shall take effect immediately. <--
F21L63SFG/19950H1954B3340 - 3 -